Zoran Vuković,

Objective (ratione materiae) domain of implementation of legal rules that regulates unfair contract terms in consumer contracts

Regulations that determinate consumer protection from unfair contract terms apply on a contracts concluded between consumers and traders. All types of contracts, both named and unnamed, are regulated by those rules. In other words, not only contract of sale, but also, for example, insurance contract, consumer credit contract, hire-purchasing contract, contract for service, transport contract, time-sharing, leasing, etc... Also those rules could apply not only on written contracts but also on those concluded without specific form.

In this work author presents comparative legal solutions that excludes, in certain contracts or in certain contract terms, applying of regulations that determinate consumer protections form unfair contract terms. After the detailed analyzes of those exclusions, the solutions of Serbian Consumer Protection Law regarding those exemptions were also have been presented. Author concludes that Serbian Consumer Protection Law gives to the consumers the boarder protection comparing to the protection provided in the EU Law, simply because Consumer Protection Law proscribes control of unfair contract terms both in the formal and informal contracts.

Key words: consumer; trader; consumer contracts; unfair contract terms; consumer protection.